Transcript of R v. Bayley

Sentence: (Plea of guilty resulted in a sentence discount from the initial life imprisonment, without parole)26 Sept. 2013 - Bayley appealed to the Supreme Court of Victoria Court of AppealArgued:min. sentence was too longstatement of intent to kill was false21 Oct. 2013- application was refused Crimes Act 1958Murder (SECT 3) - Max. penalty is life imprisonment - Convicted for intentionally causing the death of Meagher with "malice aforethought"Rape (SECT 38) - Max. penalty is 25 years imprisonment - Convicted for engaging in a sexual act with Meagher without consent and with intention

Sentencing Act 1991Had to regard the protection of the community when determining sentence due extensive history of serious violent and sexual offences (s6D(a))Charge 2 is served cumulatively on charge 1 and on uncompleted sentences (s6E)Fixing a new N.P.P-35 years- due to many sentences which Bayley is to serve (s 14,16(3B)) Plea of guilty resulted in Bayley receiving a sentence discount (s6AAA)

Life imprisonment, with a non-parole period of 35 yearsThe sentence imposed on charge 2 is served cumulatively on charge 1•Case concerned the offences of rape and murder of Gillian Meagher by Adrian Ernest Bayley in Melbourne, Victoria.

21 September, 2012:Meagher attended a party for one of her co-workers in the City. Following the assault, Meagher became aggressive; to “quieten her”, Bayley held her down, maintaining pressure on her neck until she stopped moving. 4:26am- Bayley drove out to the country (Gisborne South), burying Meagher in a shallow grave by the road.

22 Saturday September, 2012:1.00am – left the bar to attend another another bar for a last drink.1:30am- Meagher left for home

2013- Court proceedings5 April: Bayley pled guilty to the rape and murder of Meagher.11 June: appeared in court for a plea hearing, 19 June: Bayley was sentenced

The key areas of concern: Parole regulations in Victoria and NSW:In 2013, new parole laws in Victoria Make breaching parole terms a criminal offence- penalty includes "up to three months jail, and/or a $4200 fine" Police are required to notify the parole board of any breach , and have the power to reclaim the offender (Corrections Amendment (Breach of Parole) Act 2013(VIC)) . In instances of “sex offenders and serious violent offenders [reoffending] on parole(eg. Bayley), their parole will automatically be cancelled” (Justice Legislation Amendment (Cancellation of Parole and Other Matters) Act 2013 )In 2014, the NSW The Bail Act was ammended; help ensure the safety of the community where defendants assessed as an “unacceptable risk” and “charged with serious offences” (Dole, N. 2014) will be refused bail.

Media coverage that the case received:Development of hate pages towards Bayley raised legal concerns of ‘trial by social media’. Concern that negative comments would damage legal proceedings, resulting in an "incapacity to prosecute" Bayley (Lowe, A. (2012)Despite attempts to remove such pages, the Victorian Police were unsuccessful. Prompted discussion on whether law reform is necessary to address social media’s impact on the jury system. Failures in the legal system that had led to a large public outcry and legislative reforms. Pressures from the public, media, and lobby groups to amend the law; partaking in marchesGreat public outcry from the case highlighted the failures in the legal system- parolePublic pressure contributed to legal amendments and political action- "internal police review [was commissioned, finding] 16 serious sex offenders in Victoria unmonitored"; they are now monitored. Board also found up to "60 cases where serious violent/sexual offenders remained free after breaching parole conditions" (Silvester, J. (2013)); resulted in parole reforms and the Fugitive SquadCCTV footage (Meagher- top; Bayley bottom)-http://www.abc.net.au/news/2012-09-26/police-release-cctv-images-of-missing-woman/4281096(Meagher- top; Bayley bottom)-http://www.abc.net.au/news/2012-09-26/police-release-cctv-images-of-missing-woman/4281096Sydney Rd in Brunswick for a peace march down in memory of Jill Meagher,

http://www.irishtimes.com/blogs/generationemigration/2012/10/05/when-things-go-wrong-far-from-home/jill-meagher-march/ 1:35-1:38am- Meagher spoke to her brother by mobile phone Approx 550 meters from home, came into contact with Bayley who offered help as she appeared “distraught”; she "flipped him off" Bayley walked in front of Meagher on Sydney Rd turning into Hope St until she reached the first lane off Hope Street, at which point time he attacked Meagher. She reacted by stepping back and slapping him. He then “lost it” and dragged her into the laneway and raped her.Bayley v The Queen [2013] VSCA 295Bibliography: